QUESTION: Our management always refuses our claims for compensation for work injury, stating many reasons. As per the labour law, what is the responsibility of management on injury during the work? What about the compensation for employees in the event of injury or accident? Can the employer waive the right to pay compensation? 
GI, Doha 

ANSWER: As per Article 109 of the labour law, any worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.
The worker shall be legally entitled for full wage during the treatment period or the period of six months, whichever is earlier.
If the treatment continues for a period exceeding six months, the worker shall be paid half of his wage until his recovery or proof of his permanent disability or death whichever is earlier.
The injured worker or heirs of the injured worker upon his death shall be entitled for compensation for injury to be determined as prescribed in the schedule annexed to the Labour Laws.
If the employee deliberately injured himself in order to receive compensation or medical leave, then the employee will not be entitled to either compensation or sick leave, and would be liable to face criminal charges.
As per Article 111, the employee shall not be entitled for compensation on the following reasons: if the injury is attributable to serious and wilful misconduct by the worker and which shall include such an act committed under the influence of alcohol or drugs; or the employee violated the instructions of the employer concerning the preservation of vocational health or safety or committed a gross negligence in the carrying out of these instructions; or the employee without a genuine cause refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority.

Alterations to leased property

Q: We had entered into a lease agreement with the landlord for two years and for our requirements we needed to alter the building. The landlord had verbally agreed to the alterations. But, after signing the contract, he refuses them. Without alterations the building doesn’t serve our purpose. Are we banned from doing alteration to make the premises fit for our operations? Is there any provision in the law where we can serve the landlord a notice and vacate the premises even before the expiry of contract? 
DG, Doha 


A: The lessee shall use the leased property in the manner agreed as per the contract. As per Article 611 of Civil laws, without the permission of the landlord, the lessee shall not make any alterations in the leased premises that may cause damage to the landlord. The lessee shall exercise reasonable care in the use and protection of the leased property.
If the lessee makes alterations to the leased property in excess of the limits prescribed, he may be compelled to reinstate the property to its original condition and to pay compensation if compensation is due.
Upon early termination by the lessee, the landlord shall be entitled to the rent for the balance of the lease term.
However the lessee can approach the court under Article 632 of the Civil Law to terminate the contract if any unforeseen circumstances arise which makes the continuation of the lease unduly burdensome and upon a comparison of the interests of both parties, terminate the lease and equitable compensation to the other party.
*Please send your questions by e-mail to: [email protected] (Mobile: 55813105)

LEGAL SYSTEM IN QATAR

The joint venture company is an unincorporated entity which is not valid against third parties and has no legal personality and is not subject to any of the registration procedures.
As per Article 54, the memorandum of joint venture company shall define its objects, rights and obligations of the partners, method of sharing profits and losses among them, the method of company management and other basic elements.
The memorandum of a joint venture may be proved by all evidential means including substantive and circumstantial evidence.
Joint ventures are not allowed to issue transferable shares or negotiable instruments.
According to Article 57, third parties could only claim from the partner or partners whom they had dealt with.
However, if the joint venture partners acted in a manner which indicated to the third party the existence of a separate company as distinct from a joint venture, then the third party shall have the right to consider the business as an actual company and all partners are jointly liable towards third parties.
The joint venture partner shall not be considered as merchant unless carries he out commercial transactions personally.
As per Article 59, each partner shall have the right to review the company books and documents in person or through an attorney from among the partners or others, provided that such review by attorney shall not inflict damages to the company and any agreement to the contrary shall be null and void.
Unless otherwise stipulated in the memorandum, the resolution of the joint venture company shall be issued by unanimous vote of the partners.
The resolution pertaining to the amendment of memorandum shall not be valid unless issued by the unanimous decision of the partners.
According to Article 61, the joint venture company shall not carry out any business prohibited by the law for non Qatari, if a non-Qatari national is a partner of the joint venture company.
The Public shareholding company is a company whose capital is divided into transferable shares of equal value.
The shareholder shall be liable for the company’s debts and obligation only to the extent of the value of their shares.
As per Article 64, the public shareholding company shall have limited period specified in its memorandum and articles of association, and the period may be extended by an extra ordinary resolution of general assembly.
If the objective of the company is to carry out a specific business, the company shall cease to exist once such business activity is completed.
The company capital must adequately achieve the objectives of its incorporation, and in all cases may not be less than QR10mn.
According to Article 66, the establishment of public shareholding company shall be subject to the issuance of a resolution by the minister.
The founders of public shareholding company shall not be less than five persons.
The founders shall prepare the memorandum and articles of association of the public shareholding company in accordance with the formats of documents issued by resolution of the minister and shall contain the following details: 
(1) The company name and its principal place of business; 
(2) Objectives of the company;
(3) The names, nationalities, addresses, and professions of the founders and the number of shares subscribed by each of them; 
(4) Capital, number of the capital shares and value and kind of each share; 
(5) Term of Company; 
(6) Particulars of each share not paid in cash, name of the subscriber thereof and the conditions pertaining thereto, along with the pledges and privileges on such a share;  and
(7) An approximate estimate of the incorporation’s expenses fees and costs.
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